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A1514 ACO Statement 3/19/26
ASSEMBLY CONSUMER AFFAIRS COMMITTEE
STATEMENT TO
ASSEMBLY,
No. 1514
STATE
OF NEW JERSEY
DATED:
�MARCH
19, 2026
����� The Assembly Consumer Affairs Committee reports
favorably Assembly Bill No. 1514.
����� As reported by the committee, this bill prohibits the
issuance of construction permits for flooring in schools, community centers, or
child care centers unless the flooring materials are certified mercury-free by
the manufacturer if the materials are identified by the Department of Health
(DOH) as potential sources of mercury exposure.� The certification requirement
established pursuant to the bill are to apply only to existing flooring
materials that have been specifically identified by the Department of
Environmental Protection (DEP), in consultation with the DOH, as known or
potential sources of mercury vapor emissions.� In cases where the building has
flooring that may contain mercury, such as poured polyurethane or phenyl
mercuric acetate, the applicant may take the following actions: (1) certify
that the existing flooring is mercury-free; (2) certify that an air quality
assessment has been conducted to test if mercury vapor levels are within safe
limits as determined by the DOH; (3) if unsafe mercury levels are found,
implement mitigation measures such as adjusting HVAC systems to reduce mercury
vapor to acceptable levels; (4) if testing still reveals high mercury levels,
the implementation of further mitigation measures or remove the flooring; and
(5) if all mitigating measures fail, the removal and proper disposal of
flooring.
����� In cases where the flooring is required to be removed,
it is to be done within six months after the final air quality assessment,
unless a one-time, six-month extension is granted by the DOH due to factors out
of the applicant�s control such as supply chain delays or contractor issues.�
All removal and disposal of flooring is to be done in compliance with
regulations established by the DEP.
����� The bill provides that a construction permit may be
issued for flooring work in schools, community centers, or child care centers
if the permit is necessary to comply with specific rules and regulations
established by the DOH, and if the applicant obtains a certification from the
DOH, as required by the bill.
����� Under the bill, if a flooring manufacturer falsely
certifies that their product is mercury-free, the flooring manufacturer is
liable for a civil penalty.� The penalty is $10,000 for a first offense and
$25,000 for subsequent offenses, which may be enforced by the local enforcing
agency in accordance with the �Penalty Enforcement Law of 1999.�� In the case
of any flooring identified by the DEP and DOH as a known or potential source of
mercury exposure that was installed prior to the occupancy or use of the
building by the current school, child care center or community center, the
responsibility for compliance with the provisions of the bill are to rest with
the owner of the building.� If the current school, child care center, or
community center is also the owner of the building, the owner is to be
responsible for compliance with the provisions of the bill.
����� The bill requires the Commissioner of Health, in
consultation with the Commissioner of Environmental Protection, to adopt rules
and regulations as specified in the bill.
����� The bill provides that upon a demonstration to the DOH
by the applicant that the procedures established under the provisions of this
bill have been followed and that the installed flooring material is
mercury-free, the DOH is to issue a certification that the applicant is not
required to remove the flooring material prior to the issuance of a
construction permit.
����� The bill requires the Commissioner of Health to review
and, if necessary, update the maximum allowable airborne mercury vapor
concentration standard at least every five years or within 90 days of any
federal update on mercury exposure, whichever comes first.� This review ensures
the standard remains aligned with the latest scientific research, public health
recommendations, and regulatory changes.� Any updates will be published in the
New Jersey Register and incorporated into all applicable regulatory guidance
issued by the DOH.
����� The bill requires the Commissioner of Environmental
Protection to establish standards and conduct site inspections for the removal
and disposal of flooring material that contains mercury and mercury-containing
compounds that ensure compliance with hazardous waste regulations,
environmental best practices, and safe disposal standards in accordance with
federal and State law.
����� The bill requires the Commissioners of Health and
Environmental Protection to publish on their agency websites a list of the
flooring materials identified as known or potential sources of mercury vapor
emissions. The list would include, but not be limited to, poured polyurethane
flooring manufactured between 1960 and 2005 and be updated as new information
emerges.
����� Under the bill, any school, community center, or child
care center that conducts an air quality assessment is to perform certain
actions as enumerated in the bill submit their air quality testing and
remediation reports to the DOH on or before June 30 each year.
����� The bill also requires the Commissioner of Health, in
coordination with the Commissioner of Environmental Protection, to create and
maintain a publicly accessible online database that is updated annually on or
before July 31.� The database would list all schools, community centers, and
child care centers that have tested for mercury-containing flooring, identify the
presence of mercury and implemented remediation measures, and publish periodic
retesting results and compliance status.
����� This bill was prefiled for introduction in the
2026-2027 session pending technical review.� As reported, the bill includes the
changes required by technical review, which has been performed.
����� As reported by the committee, Assembly Bill No. 1514
is identical to Senate Bill No. 1370 (SCS) which was also reported by the
committee on this date.